Civil Liberties Wilson chapter 18

Transcription

1 Civil Liberties Wilson chapter 18 Name: Period: The politics of civil liberties The objectives of the Framers federal powers Constitution: a list of s, not a list of Bil of Rights: specific do nots that applied only tothe government, and not to the state governments Politics, culture, and civil liberties Liberties become a major issue for three reasons Rights in conflict Policy entrepreneurs Cultural conflicts Rights in conflict Bill of Rights contains rights (interest group politics) case (free press versus fair trial) New York Times and the Papers (common defense versus free press) Kunz anti-jewish (free speech versus public order) Struggles over rights follow a similar pattern as interest group politics in economic issues Policy entrepreneurs 1 most successful during crises, when efforts are directed at the of some minority (entrepreneurial politics) Act of 1798, following the French Revolution Espionage and Acts, directed against German-Americans in World War I Anti-, Anti-, Anti-Communist legislation Policy entrepreneurs 2 Act (1940) Korean War and Senator Internal Act of 1950 Control Act of 1954 Supreme Court usually this legislation Some use is still made of the Act, although the Supreme Court has become more protective of political speech Cultural conflicts Original setlement by white European Protestants meant that was equated with their values Waves of brought new cultures and conflicts about the meaning of some constitutionally protected freedoms Jews offended by at Christmas English-speakers prefer schools Differences even within a single cultural tradition (example: ) Civil Liberties notes page 1 of 5

2 Interpreting & applying 1 st Amendment Speech & national security Speech and national security 1 : press should be free of prior restraint, but then must accept the consequences if a publication is improper or illegal Sedition Act of followed Blackstone s view, with improvements trial, not a judge s decision Defendant would be acquitted if it could be proved that the publication was Speech and national security , defines limits of expression,, forcible resistance to federal laws, encouraging disloyalty in the armed services not protected by the First Amendment Upheld in (1919) via clear and present test Holmes in cases that subsequently applied this test, believing that its conditions had not been met Speech and national security 3 Fourteenth Amendment clause Supreme Court initially denied that this clause made the Bill of Rights to the states (1925): personal rights are protected from infringement by the states, because of the Fourteenth Amendment due process clause Speech and national security 4 Supreme Court moves toward more free after WWI but with some deference to Congress during times of crisis Supreme Court upheld the convictions of under the Smith Act By 1957: to be punished, the speaker must use words calculated to the overthrow of the government By 1969 ( ): speech caling for ilegal acts is protected, if the acts are not imminent 1977: American march in, Illinois is held to be lawful is permissible, but not a hate crime that results in direct physical harm What is speech? 1 Some of speech are not fully protected of Character : written statement defaming another by false statement Defamatory oral statement: Variable awards Public figures must also show the words were written with What is speech? 2 No enduring and comprehensive definition 1973 definition: judged by the average person, applying community standards to depict in a patently offensive way, conduct specificaly defined by state law and lacking serious, artistic, political, or scientific Balancing competing claims remains a problem What is speech? 3 Civil Liberties notes page 2 of 5

3 Obscenity (continued) Localities decide whether to tolerate but must comply with strict constitutional tests if they decide to regulate it Protection is extended to almost all forms of ; example: nude dancing is somewhat protected Indianapolis statute: court ruled the legislature cannot show for one form of expression ordinances for adult theaters and bookstores have been upheld regulation ruled unconstitutional by the Supreme Court What is speech? 4 speech Cannot claim protection for an illegal act on the grounds that it conveys a political message (example: a card) Flag burning is protected speech ( v. ) internettrash.com/users/therail/flagburn.html Who is a person? and organizations usually have same rights as Examples: Boston bank, anti-abortion group, liquor dealers, casinos, California utility More restrictions can be placed on speech; however, the regulation must be tailored and serve the public interest Young people may have fewer rights (1988): school newspaper can be restricted Church and state The free exercise clause Relatively clear meaning: no state, similar to speech Law may not impose special on religion But there are no religious from laws binding all other citizens, even if that law oppresses your religious beliefs Some conflicts between religious and public policy continue to be difficult to settle Conscientious objection to war, service Refusal to work (Seventh-Day Adventists) Refusal to send children to public beyond eighth grade (Amish) The establishment clause 1 s view: there is a of separation between church andstate phrasing of First Amendment requires Court interpretation The establishment clause 2 Supreme Court interpretation: no governmental, even if the involvement would be nonpreferential 1947 New Jersey case regarding school Later struck: school,, in-school time for religious instruction But allowed some kinds of aid to schools and denominational colleges Civil Liberties notes page 3 of 5

4 The establishment clause 3 Government in religious activities is constitutional if it meets the following tests: purpose Primary effect neither nor religion No excessive government with religion Supreme Court rulings, however, remain and shifting in regard to the establishment clause Crime and due process Rule Search and Seizure Confessions & Self-Incrimination Relaxing the Exclusionary Rule The exclusionary rule 1 Most nations let all into trial, later punishing any police misconduct United States improperly obtained evidence from trial Exclusionary rule: evidence gathered in violation of the cannot be used in a trial Implements the (freedom from unreasonable searches and seizures) and Amendments (protection against self incrimination) The exclusionary rule 2 Supreme Court rulings 1949: declined to use exclusionary rule but noted unreasonable searches were prohibited by the Fourth Amendment 1961: changed, adopted the exclusionary rule in v. Ohio in order to enforce constitutional guarantees Search and seizure 1 When can searches of individuals be made? With a properly obtained search warrant ( ) to an arrest What can the police search, incident to a lawful arrest? The being arrested Things in Things under the immediate of the individual Search and seizure 2 What about an arrest of someone in a? Answer changes almost yearly and recent cases have allowed the to do more searching Court atempts to protect a reasonable of Supreme Court has refrained from developing a right to privacy Ruled that the right to privacy does not protect homosexual sexual Testing for AIDS and drugs Concern for public safety can justify mandatory testing, even without a search warrant or suspicion Lacking a threat to public safety, the Supreme Court has been skeptical about drug testing Civil Liberties notes page 4 of 5

5 Confessions and self-incrimination Constitutional ban originally was intended to prevent torture or Extension of rights in 1960s v. Illinois v. Arizona case Miranda rules were designed to prevent involuntary confession Miranda warnings must be given if two conditions are satisfied. First, a person must be. Neither a formal arrest nor custody is required. A person is detained if unable to and as he or she pleases. Second, a person must be. Statements made without police questioning are admissible in court despite the absence of Miranda warnings. Relaxing the exclusionary rule Positions taken on the rule: Any evidence should be Exclusionary rule has become too to effectively deter police misconduct Rule is a vital for liberties Courts began to adopt the second position, allowing some to the rule Limited coverage police with greater freedom to question - exception considerations of public safety Evidence that would have ben found is admissible The End Civil Liberties notes page 5 of 5